Dave Svanda, Maureen Helmer and Brett Perlman released an open letter today arguing for a "Fresh Regulatory Approach." We former regulators always have oodles of gratuitous advice for our former colleagues, but I think there is some sense to what they argue. The letter calls for intercarrier compensation reform, hands off VoIP, retail pricing flexibility (not deregulation, but it's a start), and a layered model analytic approach to regulatory questions. The letter also notes the dynamism of the marketplace and acknowledges -- if I am not reading too much into it -- the Schumpeterian nature of competition that is going on.
As a zeitgeist-check document, it should inspire a mild optimism post-TRO. The letter is not a rending of garments and gnashing of teeth post-TRO reaction we have seen elsewhere (see Adam's post below, for example). It is a serious attempt to start a dialogue.